Far from being 'insufficiently pliable,' I think pure textualism is incessantly malleable—that’s its primary problem.
Ketanji Brown Jackson: “Far from being 'insufficiently pliable,' I think pure textualism is incessantly malleable—that’s its primary problem.”
Editor's note · Context
Jackson critiques the flexibility of textualism in judicial decisions.
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The consequences of allowing such transformative changes to take effect so close to this fall’s elections would be extreme.
Why is it that one party should get a fast pass to the Supreme Court of the United States, when so many other parties are queued up, waiting patiently for the court’s attention?
Taking its eye off the ball, the majority misses the Government’s actual objective: to secure our imprimatur for its effort to foment chaos ahead of the November elections.
The harm caused by burdening or disenfranchising even a few lawful voters outweighs the nonexistent harm that the Government experiences when it is prevented from taking an action that it likely lacks the authority to take.